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� Bonower may cure such a defai 3nd reinstate, as provided in paragraph 18, f ausing the action or proceeding to be <br /> dismissed with a ruling that, in Lenaers good fafth determination, precludes forfeiture or the Borrower's interest in the Property or °+` <br /> other material impafrment of the lien created by this SecurRy Instrument or Lenders securky interest. Borrower shall also be in <br /> defauk N Borrower, during the loan applfcation process, gave materialy false or inaccurate information or statements to Lender (o� <br /> ' fafled to provide Lender wkh any material information) in connection wRh the loan evidenced by the Note, including, but no� <br /> Bmked to, representations conceming Borrower's occupancy of the Property as e principal residence. If this Securiry� <br /> Instrument is on a leasehold, Borcower shall compy wkh all the provisions of the lease. If Bonower acquires fes tRle to th� <br /> Property, the teasehotd and the fee tkle shall not merge unless Lender agrees to the merger in writing. <br /> 7. Protection of Lender's Rights in the Property. it sorrower fans to perform the covenants and agreements� <br /> contained in this Security Instrument, or there is a legal procesding that may significantly affect Lender's rights in the Property <br /> (such as a proceeding in bankruptcy, probate, for condemnation or forfefture or to enforce laws or regulations), then Lender may <br /> do and pay for whatever is necessary to p�otect the value of the Property and Lenders rights in the Property. Lender's actions� <br /> may include paying any sums secured by a lien which has priority over this Securky Instrument, appearing in court, paying <br /> reasonable attomeys' feas and entering on the Property to make repairs. ARhough Lender may take action under this paragraph <br /> 7, Lender does not have to do so. <br /> Any amounts disbursed by Lender under paragraph 7 shall become additionai debt of Borrower secured by this Securky <br /> Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shail bear interest from the date of <br /> disbursement at the Note rate and shall be payable, wkh interest, upon not�e from Lender to Borrower requesting payment. <br /> 8. Mortgage Insurance. If Lender required mortgage insurance as a condftion of making the loan secured by this <br /> Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, }or any reason, the <br /> mortgage insurance coverage required by Lender lapses or ceases to be in effect, BoROwer shall pay the premiums required to <br /> obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the <br /> cost to Borrower of the mortgage insurance previously in effect, irom an aftemate mortgage Insurer approved by Lender. If <br /> substantialy equivaient mortgage insurance coverage is not available, BoROwer shall pay to Lender each month a sum equal to <br /> one-twelith of the yearly mortgage insurance premium tieing pald by BoROwer when the insurance coverage lapsed or ceased to <br /> be in effect. Lender will accept, use and retain these payments as a loss reserve In Ileu ot mortgage insurance. Loss reserve <br /> payments may no longer be requked. at the option of Lender, R mortgage Msurance coverage (in the amount and for the period <br /> that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay <br /> the premiums requ�ed to meintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage <br /> insurance ends in accordance with any written agreement between Bonower and Lender or applicable Iaw. <br /> 9. Inspection. Lender or its agent may make reasonabie entries upon and inspections of the Property. Lender shall give <br /> Borrower notice at the time o( or prfor to an inspection specifying reasonabte cause for the fnspection. <br /> 10. Condemnation. The proceeds of any award or claim for damages, direct or consequentlal, ln connection wfth any <br /> condemnation or other taking of any part of the Property, or for conveyance fn lieu of condemnation, ere hereby assigned and <br /> shall be paid to Lender. <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br /> Instrument, whether or not then due, with any excess paid to Borrower. In the event of e partial taking of the Property in which <br /> the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured <br /> by this Securky Instrument immediatey before the taking, unless Borrower and Lender otherwise agree in writing, the sums <br /> secured by this Security Instrument shall be reduced by the amount of the proceeds mukfplied by the (ollowing fraction: (a) the <br /> total amount of the sums secured immediatey before the taking, divlded by (b) the fair market value of the Property immediately <br /> before the taking. My balance shall be paid to Borrower. In the event of a partial taking ot the Property in which the fair market <br /> value of the Property immediatey before the taking is less than the amount of the sums secured immediately before the taking, <br /> unless Borrower and Lender otherwise agree in writ(ng or unless applicable law otherwise provides, the proceeds shall be <br /> appl'�ed to the sums secured by this Securfty Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to BoROwer that the condemnor offers to make an <br /> award or settle a claim for damages, Borrower fafls to respond to Lender within 30 days after the date the notice is given, <br /> Lender is authorized to collect and apply the proceeds, at ks optfon, either to restoration or repair of the Property or to the <br /> sums secured by this Security Instrument, whether or not then due. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br /> postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11. Borrower Not Released; Forbearance By Lender Not a Waiver. E�ension of the time for payment or <br /> mod'rfication of amortization of the sums secured by this Securfty Instrument granted by Lender to any successor in interest of <br /> Borrower shall not operate to release the liability of the original Borcower or Borrower's successors in interest. Lender shall not <br /> be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise <br /> modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br /> Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br /> preclude the exercise of any right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Tne covenants and <br /> agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br /> provisions ot paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-sign�g this Security Instrument only to mortgage, grant and convey <br /> that Bonower's interest i� the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br /> sums secured by this Securky Instrument; and (c) agrees that Lender and any othe� BoROwer may agree to extend, modify, <br /> forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's <br /> consent. <br /> 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets mauimum loan <br /> charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection <br /> wkh the loan exceed the permitted limks, then: (a) any such toan charge shall be reduced by the amount necessary to reduce <br /> the charge to the permitted limit; and (b) any sums already collected from Borcower which exceeded permitted limks will be <br /> refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a <br /> direct payment to Borrower. If a refund reduces principal, the reduction wlll be treated as a partial prepayment without any <br /> prepayment charge under the Note. <br /> 14. NOtICeS. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it <br /> by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br /> or any other address Borrower designates by notice to Lender. Any notice to Lender shatl be given by first class mail to <br /> Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this <br /> Securky I�strument shall be deemed to have been given to Borrower or Lender when gNen as provlded in this paragreph. <br /> 15. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the <br /> jurisdiction in which the Property is located. In the event that any provisfon or clause of this Security Instrument or the Note <br /> conflicts with applicable law, such conflict shall not affect other provisions oi this Security Instrument or the Note which can be <br /> given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to <br /> be severable. <br /> 16. Borrower's Copy. BoROwer shall be given one conformed copy of the Note and of this Security Instrument. <br /> F1318.LM0 (1/97) Page 3 of 5 <br />